Protection of Women From Domestic Violence Act, 2005, Section 2(s) -- Shared household - Unless there is a domestic relationship between parties, mere residence in the same household will not come within the purview of definition of shared household as per S.2(s) of the Act...........
Indian Penal Code, 1860, Section 376(1), 376(2)(n), 90 -- Rape - Consent - False promise of marriage - Victim fell in love with accused - Material on record shows that accused had never intended to marry victim and procured her consent only for having sexual relations with her, which falls under definition of rape - Pleadings of victim point to the fact that her consent to..........
Hindu Succession Act, 1956, Section 2(1) -- Scope - S.2(1) of the Act does not exclude Scheduled Tribes from definition of `Hindu' - S.2(2) of the Act therefore postpones application of the Act till notification as required under the provision is issued...........
Service -- Family pension - Claimed by son adopted by widow subsequent to death of deceased/employee - Son or daughter adopted by widow of a deceased Government servant after his death, could not be included within definition of `Family' u/r 54(14)(b) of Central Civil Services (Pension) Rules and therefore, he/she is not entitled to family pension payable under said..........
Service -- Family pension - Rule 54(14)(b) of CCS (Pension) Rules - Whether a child adopted by a widow of a government servant, subsequent to the death of the government servant would be included within the scope of the definition of `family' under Rule 54(14)(b) and would be entitled to receive family pension - An interpretation of the phrase under the rule "in relation..........
Service -- Family pension - Rule 54(14)(b) of CCS (Pension) Rules - Whether a child adopted by a widow of a government servant, subsequent to the death of the government servant would be included within the scope of the definition of `family' under Rule 54(14)(b) and would be entitled to receive family pension - An interpretation of the phrase under the rule "in relation..........
Protection of Children from Sexual Offences Act, 2012, Section 6, 2(d) -- Aggravated penetrative sexual assault - Age of victim - Victim was 13 years old at the time of incident - She therefore, comes under the definition of `child' within meaning of S.2(d) of the Act...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Rape - Victim was just above 17 years - Consent if any pales into insignificance - Even if consent is presumed, willingness was absent as indicated by medical examination report of victim - Act was resisted by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(xvii) -- Recovery of contraband - Once it is found that seized material contain `morphine' and `meconic acid' it is sufficient to establish that seized material comes within definition of S.2(xvii) of the Act...........
Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act, 2013, Section 8 -- Plea of juvenility - Date of birth as shown in school record is proved during inquiry - Age of petitioner should have been accepted based on school record having primacy over other documents as against record of village Chowkidar - Since petitioner is below 18 years of age on the..........
